Justice Scalia's Apology

Published: April 13, 2004

Justice Antonin Scalia has done the right thing and apologized to two reporters who recorded one of his speeches but were required to erase their recordings by an overzealous federal marshal. It was gratifying to see Justice Scalia show a measure of humility that was sorely lacking a few weeks ago from his angry refusal to withdraw from a case involving his duck-hunting buddy, Vice President Dick Cheney.

The incident occurred during an appearance by Justice Scalia at Presbyterian Christian High School in Hattiesburg, Miss. What made the event memorable, indeed frightening from the standpoint of free speech, was the action of a deputy United States marshal providing security for the justice. During a question-and-answer session, she demanded that two of the invited reporters, from The Associated Press and The Hattiesburg American, erase their recordings. She apparently thought she was enforcing Justice Scalia's longstanding refusal to allow his remarks to be recorded.

Justice Scalia and the Supreme Court press office declined to comment on the event, despite a damaging controversy regarding this apparent violation of a federal law protecting reporters' notes and the Fourth Amendment's prohibition on unreasonable searches.

Yesterday the mystery of this puzzling silence was solved. The Reporters Committee for Freedom of the Press received a letter sent by regular mail on Friday by Justice Scalia, responding to the group's faxed complaint. In it, he said he "was as upset as you were" about the incident and that he would now permit print reporters to record his speeches to help ensure accuracy.

Justice Scalia's apology is welcome. Most unwelcome, though, and offensive to the First Amendment, was his suggestion that he retains a "First Amendment right" to bar audio and visual coverage of his public speeches by the electronic media. There is no such right, as any person charged with safeguarding America's cherished free speech rights should easily see. With due respect, Justice Scalia, this is about something larger than being camera shy.